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Can There Be A ‘Pure’ Theory Of Law?




Sejal Choudhary, B.A. LLB (Hons.), Jindal Global Law School

ABSTRACT

The pure theory of law is an expansive theory of law that stands on the fundamental principles of legal positivism. The primary principle being, to comprehend law as it is and not as what it ought to be. It aids us with a number of core legal ways one can employ to comprehend the legal framework with a scientific approach rather than a reductionist one. This research essay essentially dives into the jurisprudence of law, exploring the viability of the Kelsenian Model of Pure theory and if it all, can there be one? In addition to an analysis of Kelsen’s theory and approach toward this model, this research paper also attempts to outline the opinion of other jurisprudential philosophers.

Keywords: Hans Kelsen, Pure theory of law, Positivist, Grundnorm, Normative Law.

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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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